ABA Section of Litigation 2012 Section Annual Conference April 18-20, 2012:
Xavier or Magneto? Mentoring Lessons from the X-Men

Xavier or Magneto?
Mentoring Lessons from the X-Men

Paula Hinton
Vinson & Elkins LLP

Houston

Randy Hayman
DC Water and Sewer Authority

Washington D.C.

Tiffani Lee

Holland & Knight

Miami

Dorian Denburg

AT&T

Atlanta

I. THE NEED FOR GOOD MENTORING

A recent study conducted by the National Association of Women Lawyers (NAWL) found that the number of women entering the largest 200 law firms in the United States has dropped.[1] Once in the firm, the authors note, “not only do women represent a decreasing percentage of lawyers in big firms, they have a far greater chance of occupying positions—like staff attorneys, counsel, and fixed-income equity partners—with diminished opportunity for advancement or participation in firm leadership.”[2] This kind of environment for female attorneys calls out for strong mentoring in their legal careers.

Encouragingly, some research has found a positive correlation between strong mentoring and women’s advancement within the law firm setting. Researchers found that “female lawyers with senior-male mentors had higher compensation and career progress satisfaction than those without mentors, and were more likely to be partners or hold senior executive positions than women without mentors or women with female or junior male mentors.”[3] This kind of antidote, whether partial or full, makes a strong case for thinking of mentoring as more requirement than option. Law firms and legal departments should create codified mentoring programs for their attorneys. In kind, attorneys should create mentoring opportunities for themselves.

As a young attorney, it helps immensely to be apprised of the advantages of being mentored, to choose the right mentor for you, and to understand how to establish a strong working relationship with your mentor. In kind, mentors should understand what they can expect to gain from the mentor-mentee relationship.

II. ADVANTAGES OF BEING MENTORED

Aside from the clear need for strong mentoring based on the sobering statistics described here, there exist several advantages to being mentored. One consistent theme voiced by numerous women leaders in the American Bar Association (ABA) is the fact that mentors pushed them to do more than they thought they could early in their careers. As Anne Marie Seibel, Co-Chair of the ABA Woman Advocate Committee notes, early in her legal career, “[t]wo partners [in my firm] quickly pushed me into court and into negotiations with opposing counsel. In doing so, the lawyers gave me confidence that they trusted my abilities, but were always available for advice.”[4] Other senior lawyers credit their mentors for helping them see “that I really did know more than what I thought I knew and [that] confidence in your ability is key.”[5]

The boost in confidence instilled by a mentor can also be accompanied by a boost in connections in the legal community. Several mentees have cited their particular introduction to others in the ABA through introductions made by their mentors. In many cases, those ABA connections have led to collegial support at a minimum as well as referrals for business.

In addition, resonant throughout the mentoring relationship is the accelerated wisdom in all things law and business development that comes from staying open to the experience—positive and negative—imparted by the mentor. Law school may set the foundation but mentees agreed that true, applied learning occurs through example and knowledge sharing imparted by senior attorneys who are willing to take on the mentoring role to the younger attorney.

III. ATTRIBUTES OF THE RIGHT MENTOR

Strong lawyers do not automatically make strong mentors. In fact, several dimensions in a senior lawyer are necessary to provide a well-rounded mentor to a young attorney. Said best through Judge Pamela A.M. Campbell, Circuit Court Judge in Pinellas County, Florida, mentors are “[p]eople who have taken an interest in [another’s] well-being, [for those who] have trusted and valued their advice and outlook, and [who] have influenced and shaped [another’s] career.”[6] The organization, Ms. JD, seeks to “support and improve the experiences of women law students and lawyers” and has adopted the following pledge in its ethics code that encapsulates the necessary good intent of the lawyer mentor:

Given the choice of being a mentor or a tormentor to a younger, less experienced female attorney, I actively choose to be a mentor. When a younger, less experienced female attorney comes to me with a question or for advice, I will not revel in how much more I know than she; I will share that knowledge and experience.[7]

The manner in which a lawyer chooses his or her mentor can have a profound impact on the direction of one’s career. Attorney Holly Clemente notes that “[i]t may be possible to climb the corporate ladder on your own, but having the support and the ear of someone who is already where you wish to be can make all the difference. Choosing the right mentor (and convincing them to choose you) is vital to your career.”[8]
Consider the following criteria and possibilities when making your choice:

1.  The right mentor tells “the truth about areas where I’ve fallen short, and then also offered encouragement about ways to improve,” says Barb Dawson, Co-Chair of the ABA Section of Litigation Valuing Litigation Taskforce. While it may be tempting to look for a mentor who is safe and undemanding, the mentee should look for the kind of mentor who will be direct, yet supportive.

2.  The right fit lends itself to collaboration. According to Judge Pamela Campbell, “the basic components require a relationship of two people who are willing to spend some time together listening or observing each other and where trust and respect are critical elements of the bond. For whatever reason, the mentor is willing to listen and offer their advice, and the mentee is willing to listen and consider the advice.”[9]

3.  The choice of the mentor need not mirror the choice of a tenured position. You may have several mentors over the course of your career, based on your needs to stretch at different phases of your life.

4.  Attorney and trainer Desiree Moore recommends considering gender when choosing the right mentor.

“[Y]oung women lawyers should consider all of their options, and seek multiple mentors in furtherance of a long and successful legal career. Specifically, women should seek to establish mentoring relationships with men (in addition to any mentoring relationship with women) to ensure they are maximizing their understanding of, and success in, the legal profession.
“There are several compelling reasons for women to consider men as mentors: first, as Joanna Krotz noted in an article on women entrepreneurs and mentorship in Microsoft Business Online, “[t]he sexes do not experience the business world in the same ways …” IseeI “How Women Entrepreneurs Benefit From Using A Mentor,” available at www.microsoft.com/business. In this regard, young women lawyers are well served to learn from male mentors exactly how male lawyers experience the business world. Without this insight, achieving success in our male-dominated profession presents a distinct challenge.”[10]

By the same token, Clemente notes that gender should not be the first criterion. Comfort level and strength of the relationship rules the day, no matter which gender the young lawyer chooses.

5.  The ABA Woman Advocate Mentoring Subcommittee is establishing “mentoring circles.” The Subcommittee co-chairs, Daria Diaz and Lu Ann White, have recently announced their formation. Mentoring circles offer a unique spin on conventional mentoring by combining women attorneys at varying professional levels and providing all members, senior and junior level, with resources to develop and improve their management and leadership skills, grow within their profession, and network with other lawyers. Members of the Woman Advocate Committee are eligible to participate. More details are available at the Mentor Matching Program link at http://apps.americanbar.org/litigation/committees/womanadvocate/home.html

6.  Lawyers life coach Ellen Ostrow recommends expanding the definition of mentor to your own personal board of advisors. She defines traditional mentoring as something that is “skill focused.” By contrast, the expanded view of a board of advisors should draw from specific questions you ask yourself, such as:

Q: What expertise do I need to develop in order to undertake this challenge?

Q: What confused me now about which some clarification could help?

Q: Which path is so murky that I need someone who has traveled this road before?[11]

IV. ESTABLISHING A SOUND WORKING RELATIONSHIP BETWEEN MENTOR AND MENTEE

Once you have completed the mutual selection process of finding the right mentor, Clemente cites three key factors for making the relationship as beneficial to both of you as possible. First, think about how you might add value to the relationship. She suggests something small but meaningful, such as sharing your network with your mentor. There exists the possibility that you can help develop business with or for your mentor, something that would most certainly make the relationship feel invaluable to both of you. Second, pace the time you take from your mentor. Clemente makes the excellent point that “you likely sought out your mentor largely because he or she is successful, which likely means that your mentor is often busy.”[12] Determine if your mentor prefers to meet at predictable intervals or if she prefers a more casual approach. Third, always be mindful of confidentiality. The mentor-mentee relationship often includes sharing confidential insights. Nothing kills the relationship faster than if something you say to a third party about those insights gets relayed back to your mentor.

V. WORDS OF WISDOM FROM MENTORS AND MENTEES

To underscore the great advantages of mentors, MC Sungaila interviewed past mentors who have also been the recipients of mentoring for their pearls of wisdom. Their wisdom spans numerous contexts, epitomizing their contribution to those whom they have served.

On One’s Own Professional Development

From Laurel Bellows, ABA President-Elect[13]

·  “You need to go to work feeling good about yourself and what you do every day. If the kind of law you are practicing does not do this for you, find a new way to do that.”

·  “Take control of your career. It is your responsibility to make sure you are doing work you want to and at which you excel, and that you are receiving assignments that advance you. Seek stretch assignments and work with partners who can introduce you to key clients.”

·  “Take leadership courses. Find women in the corporate environment who are being groomed for leadership. It is not complicated, but it is a mindset that is not taught in law school.”

From Roberta D. Liebenberg, Co-Chair of the ABA Litigation Section’s Strategic Planning and Implementation Task Force[14]

·  “When I first started practicing antitrust law at a large law firm, one of the senior partners, Seymour Kurland, took me under his wing. He made sure that I was given substantial responsibility on major matters for significant clients. He also saw to it that I developed a broad range of litigation skills and helped me navigate my way through the maze of large firm politics and culture. The most valuable advice he imparted to me was to take risks and to always seek out greater responsibility and challenges.”

·  “Judge Norma Shapiro … a trailblazer for women lawyers… taught me that it is imperative for women to reach back to help other women climb the ladder to success…[T]hat admonition has served as a life-long inspiration to me.”

·  “Concentrate in a particular are of the law, hone your legal skills and become involved in activities that will give you visibility within your firm and your community.”

·  “Take advantage of business development training or coaching opportunities. Seek out assignments that will let you work with different partners and develop relationships with clients.”

·  “While it sounds corny, try to visualize where you want to be and what you want to do in the next 10 years and take steps that will help you implement your plan. Taking a long-term view of your professional development helps you to set realistic goals. You may not be able to do everything at once, but it is important that you start.”

From Patricia Refo, ABA State Delegate from Arizona[15]

·  “Joan Hall, a senior partner at Jenner & Block…genuinely cared about the women who came up behind her. [She advised me to k]eep in touch with everyone – you never know who may one day send you a case…The most important business development work you can do is to do an outstanding job on whatever task you are working on right now for an existing client.”

From Anne Marie Seibel, Co-Chair of the ABA Woman Advocate Committee[16]

·  “[Y]ounger lawyers too often turn to each other in evaluating their professional decisions rather than turning to lawyers 25 their senior…It is easy as a young lawyer to get caught up in meeting individual goals for hours or trying to keep up lawyers of your same age.”

From Countess W. Price, Co-Chair of the ABA Corporate Counsel Committee[17]

·  “If the opportunity you want doesn’t present itself, then create it.”